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Study On The Problem Of Appearance Of Witnesses In Criminal Lawsuits In China

Posted on:2014-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:G M BaiFull Text:PDF
GTID:2296330464950123Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal Witness System is an indispensable part of the entire criminal litigation system. Criminal witnesses to testify in court are the basic requirements of the modern criminal trial system. It is the proper meaning of the title of the criminal trial, and it is also one of the key factors of the criminal trial to an open, fair and impartial. Especially in the administration of criminal justice reform, criminal witnesses to testify played an invaluable role in the smooth reform of Court Trial System.However, in the practice of criminal justice, most of the witness is required to testify in court in criminal cases, the testimony of witnesses instead. The phenomenon of the prosecution and defense in court are difficult to cross-examination is extremely common. The attendance of witnesses has been difficult and the low rate of attendance of witnesses are the indisputable facts that in our criminal justice trial. China’s practice of criminal justice has been deeply troubled by the problem of Witnesses to testify in court for a long time. The problem of Witnesses to testify in court has brought very large negative impacts on China’s criminal justice trial.In order to solve the difficult problem of our criminal witnesses to testify in court, the scholars tireless, great care, theory with practice, through a large number of studies from different angles constantly reform and improvement recommendations to present witnesses to testify. The author deliberately wrote this small article based on the close attention of our criminal justice theory and practice, responding to the present situation of China’s criminal witnesses to testify in court, with a view to be able to offer advice and suggestions for solve the difficult problem of China’s current criminal witnesses testifying in court.The thesis of three chapters, including chapters Ⅱ and Ⅲ are the focus of the full thesis. In the first chapter, the author defines witness concept and its qualification and highlights the significance and necessity of criminal witnesses to testify in court. Then in the second chapter, the author shows the present situation of our criminal witnesses to testify in court objectively through large amounts of data, and a detailed analysis of the reasons that led to the current situation has been made from five major aspects. The last chapter is the comprehensive measures to ensure our criminal witnesses to testify in court. The author divided it into two parts, from the two aspects of the legal system and supporting initiatives respectively to put forward countermeasures to solve the difficult issue of criminal witnesses to testify in court.
Keywords/Search Tags:Criminal Suit, Witness, The Rate of Attendance of Witnesses, Traditional Legal Culture
PDF Full Text Request
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